Notice of Constitutional Challenge to a Statute

A party that files a pleading, written motion, or other document drawing into question the constitutionality of a federal or state statute must promptly: (1) file a notice of constitutional question stating the question and identifying the document that raises it, if: (A) a federal statute is questioned and neither the United States nor any of its agencies, officers, or employees is a party in an official capacity; or (B) a state statute is questioned and neither the state nor any of its agencies, officers, or employees is a party in an official capacity; and Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 30 MINNESOTA COURT RULES (2) serve the notice and document on the Attorney General of the United States if a federal statute is challenged, or on the Minnesota Attorney General if a state statute is challenged, by U.S. mail to afford the Attorney General an opportunity to intervene. (Added effective July 1, 2007; amended effective July 1, 2015.) Advisory Committee Comment - 2007 Amendment